Legal Question in Disability Law in Ohio
My family belongs to a private resort timeshare. We have been members for quite awhile. We often go and use the swimming pool because we live close. I am an overweight individual (male), with burn scars on my body. I am also African American. I don't usually expose myself in public. I wear longer swim trunks and a swim shirt to cover my body. I only use my swim wear to swim in, not casual or outer wear.
Today while swimming an employee said that I had to remove my shirt. I am aware that the resort has a policy of swim wear be worn and not allowing regular t-shirts to be worn. But during the summer there are so many people wearing regular t-shirts that they do not enforce it. Women wear cover-ups and t-shirts if they are larger in size or pregnant. I am concerned that my rights as an individual with a disability was not adhered to. I have seen 3 to 4 people this week wear regular t-shirts in the pool. We go two times a week to swim. During the summer there are countless numbers of people wearing regular clothes swimming. Today there were only 6 total in the pool. My wife and I, and four strangers. We do not disturb other people or cause a scene. We have always conducted ourselves in a responsible and respectful manner. I do not feel that my outfit is attention getting or disturbing. It was marketed as swim wear when I purchased it. I only use my swimwear as swimwear. With the variances of clothing choices worn by individuals I feel that it is wrong to expect me to expose myself more than what I am comfortable doing. I do not feel that my injuries or disabilities should be exposed for others to gawk at. I only wish to enjoy my day as an individual, while receiving fair treatment. If a person has scars or sores I do not feel that it should be a forced display. As in also if a person is an albino and their skin is too sensitive for sun exposure. There are two pools one inside and one outside.
I am not sure if this is a disability discrimination or other law complaint.
1 Answer from Attorneys
Does not sound like a disability case because you do not appear disabled by law. However, there may be a race discrimination case. You do not mention whether the other patrons who were allowed to wear shirts were caucasian or another race. If you were treated worse because of your race then there is a cause-of-action. Unfortunately, your damages are small and it probably is not a civil case to pursue.
I think a nice but informative letter to the owners is indicated.
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